Deportation

Senate Majority Leader Mitch McConnell (R-Kentucky) has put forth a plan to avoid a DHS shutdown after Senate Democrats on Monday refused to approve a Republican-backed $40 billion DHS appropriation which would defund President Barack Obama’s 2014 immigration actions in order to fund DHS. McConnell’s plan would eliminate Obama’s 2014 immigration action to extend deportation deferment to some undocumented parents of U.S. citizens and permanent residents via the Deferred Action for Parents of Americans(DAPA), but allow a similar 2012 planfor younger undocumented immigrants to continue.

Late Monday night, U.S. District Judge Andrew Hanen, a George W. Bush appointee and an outspoken critic of the administration’s immigration policies, temporarily blocked President Barack Obama’s executive action to offer deferred deportation to roughly five million undocumented immigrants. Had Hanen not approved an injunction against Obama’s orders, the U.S. Citizenship and Immigration Services, on Wednesday ,18 February, would have begun accepting applications from those eligible for an extension of DACA.

Twenty-seven chiefs of police and sheriffs from U.S. cities — including Los Angeles, Dallas, Denver, and Washington, D.C.— have joined the Major Cities Chiefs Associationto defend President Barack Obama’s executive order which extends deferred deportation to about five million undocumented immigrants. Many law enforcement officers around the country argue that Obama’s order will improve public safety by allowing many undocumented immigrants to feel secure enough to approach local police. They are more likely to report crime without fear of deportation, police chiefs and sheriffs assert.

President Barack Obama announced the Deferred Action for Parental Accountability(DAPA) initiative on 20 November, and a day later, USCIS began to publish job postings seeking individuals to help with the rollout. Applicants who qualify for DAPA still have until May 2015 before they may apply, but immigration officials are taking a proactive approach and anticipating a large number of applications in order to avoid the mistakes made during the Obama administration’s launch of HealthCare.gov.

An internal memo from the U.S. Citizenship and Immigration Services (USCIS) notes that the federal government is seeking to fill 1,000 full-time permanent and temporary positions at a new “operational center” in Crystal City, Arlington, Virginia, in response to the Obama administration’s executive actions to allow some five million undocumented immigrants have their deportation deferred, apply for driver’s licenses in most states, and apply for two-year work permits.

Critics of President Barack Obama’s executive order on immigration are worried that shifting immigration resources from work done on behalf of legal immigrants to applications filed by those in the country illegally would discourage future immigrants from entering the United States legally.A former federal immigration official compares the new immigration effort to the 2012 Deferred Action for Childhood Arrival program (DACA), which drew more than 600,000 applications from Dreamers.One of the effects of DACA was an increase in the wait time for green cards for immigrant spouses of U.S. citizens from five months to fifteen months, which critics blame on personnel being diverted to work on the DACA program.

The number of unaccompanied children apprehended by federal agents along the U.S.-Mexico border last October was down by 40 percent compared with October 2013. In the nine sectors of the Southwest border from California to Texas, federal border officials apprehended 2,529 children last October, down from 4,181 in October 2013. Family apprehensions also decreased about 10 percent — from 2,414 in October 2013 to 2,163 in October 2014.

A new complaint to the DHS Office of Civil Rights and Civil Liberties charge sthat U.S. Customs and Border Protection(CBP) agents routinely ignore asylum seekers’ claim of fear of prosecution in their homeland, a claim which could grant them asylum in the United States. The complaint further states that CBP officers are increasingly using “expedited removal” to deport illegal immigrants. Unlike conventional deportation, expedited removal occurs outside of the judicial process. The number of expedited removal orders more than doubled in less than a decade from 72,911 in 2005 to 193,092 in 2013.

The are currently nearly 400,000 pending deportation cases, shared among just 230 immigration judges in fifty-nine courtrooms. Immigration cases in the southern United States are encountering increasing delays and hardships due to the necessity of having to rely on wireless and mobile technology in order to have proper communication in the courtroom. Some even worry that the problems with the systems in place, including interpreters using teleconference equipment to translate large statements at a time, may be used in appeals on grounds that it is unconstitutional.

Earlier this year, President Barack Obama announced plans to act without congressional support to slow deportations, but he has now postponed any major changes to immigration enforcement until after November’s elections. U.S. Immigration and Customs Enforcementhas deported 258,608 immigrants between the start of the fiscal year 2014 (1 October 2013) and 28 July 2014, a 20 percent decrease from the same period in fiscal 2013, when 320,167 immigrants were sent back to their home countries.

In Tuscon, Arizona an 11-year-old boy — just one of the hundreds of children that have been detained at a detention facility in Artesia, New Mexico — was released because he was discovered by his attorney to be a U.S. citizen. The case has highlighted the hazards and potential mistakes that can befall DHS and Department of Justice (DOJ) officials when they choose to “fast-track” immigration cases.

Many of the 57,000 Central American minors who have crossed the Southwest border since October 2013 did so with the help of smugglers operating as part of a human trafficking network. To bring down these networks, federal agents from DHS and the Treasury Department’s Financial Crimes Enforcement Network(FinCEN) are reviewing suspicious bank transactions at U.S. banks, specifically accounts that are experiencing a sudden surge in transfers to Mexico.

After several immigration bills stalled in Congress, President Barack Obama, in 2012 and 2013, issued a series of executive orders to limit the number of deportations of illegal immigrants. Many who advocated a tougher stance on immigration have charged Obama with failure to consult with Congress. The Obama administration is now trying to find a way to deport Central American illegal immigrants, many of them unaccompanied children, without running afoul of a George W. Bush 2008 law which makes such deportation difficult – and some of his immigration criticswant him to take executive action on the issue, a shift from their usual criticism that he has abused his executive powers.

The number of municipalities cooperating with Secure Communities has grown from fourteen in 2008 to more than 3,000 today, and about 283,000 immigrants have been deported under the program between 2008 and April of this year. More and more municipalities, however, refuse to hold undocumented immigrants in jail on behalf of Secure Communities.DHS chief Jeh Johnsonsays Secure Communities needs a “fresh start,”and President Barack Obama is planning to limit deportations to undocumented immigrants who have been convicted of violent crimes.

As part of an ongoing review of immigration deportation policies, DHS secretary Jeh Johnson is considering limiting deportations of undocumented immigrants who do not have serious criminal records. If adopted, the new policy would affect tens of thousands of immigrants who could have been deported because they committed repeat immigration violations such as re-entering the country illegally after being deported, failing to follow deportation orders, or missing an immigration court date.